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election of remedies with respect to any other permitted or available right or <br /> <br /> remedy. <br /> <br /> (f) If this Agreement is terminated because of an Event of Default, the <br /> termination does not affect any right or duty arising out of any Approvals obtained <br /> concurrently or subsequently to the approval of this Agreement, but the rights, <br /> duties and obligations of the parties under this Agreement cease as of the date of <br /> the termination. Nothing in this subsection (e) precludes City from revoking any <br /> Approval either contemporaneously with termination of this Agreement or <br /> subsequent thereto. <br /> <br /> (g) In connection with the foregoing provisions, each party acknowledges; <br /> <br /> warrants and represents that: <br /> <br /> (i) It has been fully informed by and represented by counsel of that party's <br /> choice in connection with the rights and remedies of that party under, and the <br /> waivers contained in those provisions; and <br /> <br /> (ii) After that advice and consultation, it has presently and actually intended, <br /> with full knowledge of that party's rights and remedies otherwise available at law <br /> or in equity, to waive and relinquish those rights and remedies to the extent <br /> specified. <br /> <br />20. Litigation Expenses. <br /> <br />(a) If either party brings an action or proceeding (including any cross-complaint, <br /> counterclaim, or third-party claim) against the other party by reason of an I:vent of <br /> Default, or otherwise arising out of this Agreement, the prevailing party in that action or <br /> <br /> -15- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />